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|
Name |
Subject Matter |
Date Issued |
Case Number |
Topic(s) |
|
City of Detroit -and- Teamsters Local 214 |
Unfair Labor Practice Not Found: 2012 PA 436 Exempts a Local Government Placed in Receivership From Duty to Bargain for Five Years or Until the Time That Receivership is Terminated; At Time Respondent Allegedly Breached Duty to Bargain, Respondent Was Under Control of Emergency Manager and in Receivership, so it Was Not Bound by the Duty to Bargain to Provide Charging Party Information it Requested; Failure to Respond to Show Cause Order May Warrant Dismissal of Charge.
|
2/29/2016 |
(20 Day Order) |
2012 PA 436; Receivership; Duty to Bargain; Information Request; Failure to Respond to Show Cause Order; Failure to State a Claim |
|
City of Detroit (Police Department) -and- Detroit Police Lieutenants and Sergeants Association |
Unfair Labor Practice Not Found: 2012 PA 436 Exempts a Local Government Placed in Receivership From Duty to Bargain for Five Years or Until the Time That Receivership is Terminated; At Time Respondent Allegedly Violated its Duty to Bargain by Transferring Unit Work, Respondent Was Under Control of Emergency Manager and in Receivership, and Therefore Not Subject to Duty to Bargain; Failure to Respond to Show Cause Order May Warrant Dismissal of Charge. |
2/29/2016 |
(20 Day Order) |
2012 PA 436; Receivership; Duty to Bargain; Failure to Respond to Show Cause Order; Failure to State a Claim |
|
City of Lansing (Police Department) -and- Capitol City Lodge No. 141 of Fraternal Order of Police, Labor Program and Capitol City Lodge No. 141 of Fraternal Order of Police Non-Supervisory Division |
Unfair Labor Practice Not Found: Respondent Did Not Violate PERA by Failing to Bargain Over Decision to Transfer Duties of Bargaining Unit Position to Temporary Contract Employee; Respondent had No Duty to Bargain with Charging Parties Since the Work in Question was Never Exclusive to Either Bargaining Unit; Collateral Estoppel Precludes Charging Parties from Challenging Arbitrators Ruling that Position was Not Listed as a Special Assignment in the Parties Contract, and that the Work was Preformed Interchangeably by Both Bargaining Units; Charging Parties Failed to Provide Evidence that Respondent Repudiated Terms of Collective Bargaining Agreement by Entering into Temporary Employment Contract with Retired Employee. |
2/18/2016 |
(20 Day Order) |
Duty to Bargain; Transfer of Bargaining Unit Work; Collateral Estoppel; Repudiation |
|
Grand Blanc Clerical Association, MEA, and Michigan Education Association -and- Mary Carr -and- Battle Creek Educational Secretaries Association, MEA and Michigan Education Association -and- Alphia Snyder |
Unfair Labor Practice Found: Under § 10(2)(a), Commission Has Jurisdiction Over Matters in Which a Labor Organization Restrains or Coerces Public Employees in the Exercise of Rights Guaranteed in § 9 of PERA, Including the Right to Refrain from Protected Activities; Commission Also has Jurisdiction to Find PERA Violation when a Labor Organization Unlawfully Threatens Use of a Debt Collector, and in the Future, Would be Considered a Violation § 10 (2)(a); Charging Parties’ Membership Obligation to Respondents, Including Obligation to Pay Dues, Ended at Point Charging Parties Provided Respondents Notice of Their Resignations; The ALJ’s Recommendation That the Commission Order Respondents to Eliminate the August Window Period from Their Bylaws Is Not an Unconstitutional Impairment of Contractual Rights. |
2/11/2016 |
§ 10(2)(a) of PERA; 2012 PA 349; Commission Jurisdiction; Impairment of Contractual Rights; Union Dues; Debt Collection Threat |
|
|
Teamsters Local 214 -and- Tina House |
Unfair Labor Practice Not Found: Respondent’s Failure to Notify Charging Party of the Amount of the Agency Fee Did Not Adversely Affect Charging Party Because She Paid No Dues to Respondent After Resigning her Union Membership; Charging Party Failed to Allege That Respondent Took Action to Collect Agency Fees or Dues for Any Period After She Submitted Her Resignation and Therefore, Failed to State a Valid PERA Claim; Charging Party Failed to Allege Harm Resulting from Respondent’s Demand for Notice via Certified Mail. |
2/10/2016 |
2012 PA 349; Agency Fee Payer; Failure to State Claim |